Tag: Uniform Rules of Court
Gauteng’s judicial crisis – unblocking the backlog
South Africa's Constitution is clear and unambiguous. Every person has the right to resolve disputes through the application of law. A fair and public hearing must adjudicate these disputes before a court or, when appropriate, an independent tribunal or forum. This right is more than a procedural safeguard; it is a core principle enshrined in the constitutional framework.
Beware! One cannot review a decision which was not taken!
In the matter of Medtronic International v CSARS (33400-19) ZAGPPHC, Medtronic (the taxpayer) brought a review application against the commissioner of SARS (the commissioner). This was due to the taxpayer being a victim of fraud, perpetuated by a Medtronic employee, to the tune of approximately R460,000,000.00. This ultimately placed the taxpayer in non-compliance with SARS.
When are pleadings vague and embarrassing?
An exception may be raised when a summons or a pleading has an inherent defect. The main object of raising an exception is to shorten the legal proceedings because it would be unfair or prejudicial to one party if the matter were to continue.
